3:36 PM, January 15, 2013

Illustration by Rick Nease/Detroit Free Press

Detroit Free Press Staff Writers

'Kilpatrick Enterprise' trial coverage

Former Detroit Mayor Kwame Kilpatrick, his father, Bernard Kilpatrick, and his longtime contractor friend Bobby Ferguson were convicted in U.S. District Court in Detroit. They were accused in a conspiracy to enrich themselves by rigging City of Detroit contracts through the mayor's office. Kwame Kilpatrick was convicted on 24 of 30 counts, Ferguson was found guilty on nine of 11 counts and Bernard Kilpatrick was convicted on one of four counts. A fourth defendant, former water department director Victor Mercado, pleaded guilty to conspiracy during the trial and awaits sentencing.

Related Links

Kwame Kilpatrick’s public corruption trial ended for the day on a cliff-hanger as the prosecution delivered a potential bombshell in the case, suggesting someone doctored a document that was presented by the defense in the middle of trial.

The defense objected to the testimony, cutting short a federal agent’s explanation of why she believed the document was suspicious. U.S. District Judge Nancy Edmonds is considering whether to allow the testimony to continue.

At issue is an internal, daily work log ­– apparently drafted by Bobby Ferguson’s company, Ferguson Enterprises – that showed that Ferguson was at the scene of a massive sinkhole on Aug. 23, 2004 – one day after the disaster happened.

The defense showed the document to jurors in December to illustrate that Ferguson was at the scene from the get-go and that he didn’t need or get help from Kilpatrick in landing the sinkhole repair work, as the government has argued.

But a federal agent today planted a new seed in the jury’s mind: don’t trust Ferguson’s story, or his documents.

“I had seen those types of records before,” said EPA agent Carol Paszkiewicz, who also was a key government witness in Ferguson’s summer bid-rigging trial, which ended in a mistrial.

• It had no job ticket number, which such documents typically have, she said.

• The line marked “date work performed” was left blank.

Paszkiewicz also testified that Ferguson’s document contradicted a “daily record of events” report that she had obtained from 2004. That document showed that Ferguson didn’t start working on the sinkhole repair project until Sept. 14, 2004 – more than three weeks after the accident happened. He arrived on the scene, she noted, about two weeks after he texted the mayor and asked him how he could “move in” on the sinkhole project.

Ferguson’s lawyer, Michael Rataj, objected to the testimony of Paszkiewicz, arguing that she is not a document expert and that she shouldn’t be allowed to testify as to the authenticity of a document.

Edmunds upheld the objection and instructed Paszkiewicz not to testify about what she suspected was wrong with the document.

Paszkiewicz, though, pointed out some hash marks on the document that showed something may have been removed, which drew an immediate objection.

Edmunds told the jury that the matter was more complex than she had originally thought, and excused them for the day.

Earlier today, Rataj tried to poke holes in the government’s theory that his client had unfair access to Kilpatrick and used it to win contracts, arguing that other white contractors also had access to Kilpatrick, and used it to their advantage. He mentioned Grosse Pointe tycoon Anthony Soave and Walbridge Aldinger CEO John Rakolta, whom, he noted, had once scheduled a meeting with Kilpatrick at the Manoogian Mansion.

Rataj argued that being well-connected is crucial in the contracting world.

“In general, the contracting business is based, in part, on relationships, would you agree?” Rataj asked FBI Special Agent Robert Beeckman.

Beeckman agreed that relationships can “play a role,” but he also threw a question back at Rataj.

“Steering of contracts is a function of relationships?” Beeckman asked.

At the heart of the government’s case is an allegation that Kilpatrick steered Ferguson contracts, and that Ferguson in turn shared his money with the ex-mayor.

Rataj put it like this: “Construction business is not for the faint of heart.”

The two agreed.

Kilpatrick, his father Bernard Kilpatrick and Ferguson are charged with running a criminal enterprise through the mayor’s office to enrich themselves. They are accused of, among other things, bid rigging and shaking down contractors.